Decide whether a South Australian discovery or suppressed document may be uploaded
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Organise a list of document categories from filenames the lawyer has already cleared. Do not upload the documents themselves.
- What the lawyer must review
- Do not rely on a "closed" label
- Ask whether uploads retrain the model or are kept after the agreement ends
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. South Australian courts applying the generative AI guidelines
Produce. A category list marked “not cleared”, and the lawyer’s decision on the system.
Have ready. Filenames or categories only; The provider’s current terms; The guidelines’ section on unlawful disclosure.
Example of the limit. A standard ChatGPT upload of a discovered contract is the example the guidelines give of a system that is not private. It stays out unless an enterprise arrangement has been checked.
Stop and hand it back when
- The documents have already been uploaded to test the tool.
- The terms do not say whether uploads are used to train the model or kept after the contract ends.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Organise a list of document categories from filenames the lawyer has already cleared. Do not upload the documents themselves. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Separate compelled, suppressed, privileged and settlement documents from ordinary working papers.
- Read the provider’s terms on training and retention. Do not rely on the word “closed” alone.
- Keep the tool on filenames until that decision is made.
- The lawyer records the decision before any restricted document is uploaded.
Sources
- South Australian courts: Guidelines concerning the use of generative artificial intelligence · 2026-09-22
Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.